Arbitration and Competition – A Swiss Perspective

By Dr. Hubert Orso Gilliéron & Jean Marguerat

This article discusses the possibility for parties to formulate competition law claims in arbitration proceedings in Switzerland. It confirms that competition law claims can be arbitrated and that arbitration may be a valid option available to the parties even if the parties to a dispute did not originally agree to subject their disputes to arbitration. Switzerland’s pro-arbitration legislation, coupled with the liberal approach of Swiss